DOCSLIB.ORG

INFORMATION to USERS University Microfisms

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
INFORMATION to USERS University Microfisms INFORMATION TO USERS This dissertation was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provider to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. Silver prints of "photographs" may be ordered at additional charge by writing the Order Department, giving the catalog number, title, author and specific pages you wish reproduced. University MicrofiSms A Xerox Education Company COLSTON, Freddie Charles, 1936- THE INFLUENCE OF THE BLACK LEGISLATORS IN THE OHIO HOUSE OF REPRESENTATIVES. The Ohio State University, Ph.D., 1972 Political Science, general University Microfilms, A XEROX Company, Ann Arbor, Michigan - Copyright by Freddie Charles Colston 1972 THIS DISSERTATION HAS BEEN MICROFIIMED EXACTLY AS RECEIVED. THE INFLUENCE OF THE BLACK LEGISLATORS IN THE OHIO HOUSE OF REPRESENTATIVES DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Freddie Charles Colston, B.A., M.A. ******* The Ohio State University 1972 Approved by ^ ( ^ Q J j 6. (%& Adviser^ Department of Political Science PLEASE NOTE: Some pages may have indistinct print. Filmed as received. University Microfilms, A Xerox Education Company Dedicated to My Daughter Deirdre Charisse Colston ACI{NO',VLEDGMENT s Several individuals made significant contributions to the preparation and writing of this dissertation. Without their help, this project would not have been a success. First and foremost, the author expresses deep gratitude to Professor Randall B. Ripley for his role in the completion of this research; his advice, assistance and frequent encourage­ ments were invaluable. It was Professor Ripley who initially suggested that I explore the possibility of doing a research project in the area of legislative politics and he offered expert commentary throughout all stages of the project. Professors John R. Champlin and Lawrence J. R. Herson like­ wise read the material and recommended improvements. Mrs. Mary Walters, librarian in The Ohio State Univer­ sity Library, Circulation Department, is due credit for reading portions of this research and for suggesting valuable editorial comments. Sincere appreciation is also expressed to the legisla­ tors in the Ohio House of Representatives who gave of their time and knowledge on legislative affairs while responding to the author’s interview questions. My understanding of the legislative process was enhanced immensely as a direct result of their kind cooperation. Thanks, likewise, is conveyed to the numerous clerical workers in Cleveland, Dayton and Cincinnati newspaper offices whose courteous and cooperative assistance aided the author in data collection for this research project. For similar reasons, gratitude is ex­ pressed to helpful individuals who are employed by the Ohio and Western Reserve historical societies for their succor in the task of completing this study. Furthermore, special appreciation is extended to the personnel in The Legislative Service Commission, The Governor’s Office, The Secretary of State’s Office, and The Ohio Legislative Reference Bureau who contributed greatly to the author’s efforts while collecting the pertinent data for this study. Any omissions, miscalculations and imperfections found in this research project, however, are solely the author's responsibility. March 28, 1936. Born - Gretna, Florida 1959.................. B.A., Morehouse College, Atlanta, Georgia 1959-1965 ........... Teacher, Attacks High School, Hollywood, Florida 1966.................. M.A., Atlanta University, Atlanta, Georgia 1966-1968 ........... Instructor, The Fort Valley State college. Fort Valley, Georgia 1968-1971 ........... Teaching Associate, Department of Political Science, The Ohio State University Fellow, The Southern Fellowships Fund, Atlanta, Georgia 1970.................. Lecturer, Summer Session, Department of Political Science, Ohio Dominican College, Columbus, Ohio 1971-1972 ........... Associate Professor, Department of Political Science, Benedict College, Columbia, South Carolina 1972.................. Lecturer, Summer Trimester, Depart­ ment of Political Science, Franklin University, Columbus, Ohio FIELDS OF STUDY Major Field: Political Science Studies in Political Theory. Professor David Spitz, Professor David Kettler and Professor John Champlin Studies in Public Law. Professor Francis Aumann Studies in American Government. Professor Randall B. Ripley ACKNOWLEDGMENTS................. ii VITA ........................................................iv LIST OF TABLES ............................................. ix CHAPTER I. INTRODUCTION: THE RESEARCH DESIGN ........... 1 The Purpose and Nature of the Study .... 1 Definition of Terms ........................... 14 Significance of the Study .................... 16 Methodology .................................... 18 Outline of the Chapters ...................... 22 II. THE HISTORICAL BACKGROUND OF THE OHIO HOUSE OF REPRESENTATIVES AND BLACK MEMBERSHIP. 28 The Early Legislature ...................... 28 The Constitution of 1851 and Later Developments ............................. 33 Black Membership in the Ohio House of Representatives: The Pre-Contemporary Group........................................ 39 III. THE BLACK LEGISLATORS: SOME INDIVIDUAL CHARACTERISTICS....................................49 Ecological Origins............................. 49 Political Socialization .... ........... 53 Political Recruitment ...................... 55 Constituency...................... 59 Role Perception ............................... 64 IV. THE BLACK LEGISLATORS AS AN INFORMAL GROUP IN THE OHIO HOUSE OF REPRESENTATIVES ..... 80 The Informal Group Configuration............. 88 CONTENTS ( c o n t in u e d ) Page IV. (continued) The Black Legislators: Their Status as an Informal Group.................... The Black Legislators and Legislation in the 109th General Assembly ......... 103 The Black Legislators and Group Pforms . 108 The Perceptions of the White Legisla­ tors about the Black Legislators' Status as an Influential Group. , , V. THE RELATIONSHIP BETIVEEN THE BLACK LEGIS­ LATORS AND THE p o l i t i c a l PARTIES ......... 117 Political Parties in Ohio ............. 117 The Black Legislators and the Parties in the House of Representatives .... 121 The Black Legislators as a Voting Bloc. 131 VI. THE RELATIONSHIP BETWEEN THE BLACK LEGIS­ LATORS AND INTEREST GROUPS, THE GOVERNOR, HIS STAFF AND THE BUREAUCRACY............. 145 The Black Legislators and Interest Groups 145 The Black Legislators, The Governor, and His Staff...................... 153 The Black Legislators and the State Bureaucracy........................ 168 VII. CONCLUSION. 184 Summary of Evidence Related to the Hypotheses ........................ 192 Typical Characteristics of the Black Legislators in the Ohio House of Representatives. .... ......... 203 Suggestions for Future Research . 206 APPENDIX A 210 APPENDIX B 218 APPENDIX C 221 CONTENTS (continued) page APPENDIX D ......................................... 223 APPENDIX E ......................................... 225 APPENDIX F ......................................... 240 BIBLIOGRAPHY ....................................... 243 LIST OF TABLES TABLE Page 1. Pre“Contemporary Black Legislators in the Chic House of Representatives................ 41 2. The Black Legislators' Length of Residence in the Districts They Represent ..............51 3. Occupations of the Fathers of the Black Legislators in the Ohio House of Repre­ sentatives ...................................... 52 4. Background Data on the Contemporary Black Legislators in the Ohio House of Repre­ sentatives...................................... 69 5. Standing Committees in the Ohio House of Representatives ............................. 84 6. Party Loyalty Scores ........................... 125 7. Frequency of Dissent among Black Legislators . 133 8. An Evaluation of 10 Bills before the Ohio House of Representatives during the 1971 Session........................ 134 9. Party Loyalty on
Load more

Recommended publications
  • Forty-Second Day (Legislative Day of March 11) Morning Session
    FORTY-SECOND DAY (LEGISLATIVE DAY OF MARCH 11) MORNING SESSION. Mr. HALFHILL: After Mr. Weybrecht has fin- ished. THURSDAY} March 21, 1912. The PRESIDENT: We have been following, not The Convention met pursuant to recess, was called always consistently, the names on the list, but the presi­ to order by the president and opened with prayer by dent states that he would recognize the member from the Rev. F. B. Bishop of Columbus, Ohio. Allen [Mr. HALFHILL] next if there were no objection. The PRESIDENT: Gentlemen of the Convention: The question before the house is the Crosser resolution The president would ask the indulgence of the Conven­ with the three pending amendments. tion to make a very brief statement in reference to the Mr. PETTIT: I rise to a question of personal priv­ unfortunate episode of last evening. ilege. The president is aware that the proper form of stat­ The PRESIDENT: Does the gentleman from Stark ing the result of a vote on a question to recess is "The [Mr. WEYBRECHT] yield? motion seems to prevail, the motion prevails", because 1\1r. WEYBRECHT: No,_ sir; I will not. in that form a demand for a division may be made be­ Mr. PETTIT: But I rise to a question of personal fore the vote is finally announced. On the theory that privilege. after the vote is finally announced the Convention is re­ 1fr. WEYBRECHT: I would prefer not to yield. cessed and no further business in order, the president Mr. PETTIT: I want to know- did carelessly neglect to state the matter in that formal Mr.
    [Show full text]
  • CHARLES L. ADKINS - Died Monday, April 23, 2018 at His Home in Bidwell, Ohio at the Age of 73
    CHARLES L. ADKINS - Died Monday, April 23, 2018 at his home in Bidwell, Ohio at the age of 73. The cause of death is unknown. He was born on March 11, 1945 in Vinton, Ohio to the late William Raymond and Mary (née Poynter) Adkins. Charles married Mildred Adkins June 23, 1976 in Columbus, Ohio, who also preceded him in death October 20, 2007. Charles retired from General Motors following thirty years employment. He served in the United States Army and was a Veteran of the Vietnam Conflict. He was a member of Gallipolis VFW Post #4464; Gallipolis AMVETS Post #23; Gallipolis DAV Chapter #23; Vinton American Legion Post #161; life and a founding member of Springfield Volunteer Fire Department; life member of Vinton Volunteer Fire Department and a former chaplain and member Gallia County Sheriff’s Department. He attended several churches throughout Gallia County, Ohio. He was a member of Vietnam Veterans of America – Gallipolis Chapter #709. Those left behind to cherish his memory are two stepdaughters, Marcy Gregory, of Vinton, Ohio and Ramey (Bruce) Dray, of Gallipolis, Ohio; three stepsons, Sonny (Donna) Adkins, of Vinton, Ohio; Randy (Debbie) Adkins and Richard (Tonya) Adkins, both of Bidwell, Ohio; nine stepgrandchildren; eleven step-great- grandchildren, and; ten step-great-great-grandchildren; his brothers, Paul (Martha) Adkins, of Bidwell, Ohio and Fred Adkins, of Columbus, Ohio, and; his sister-in-law, Ellen Adkins, of Dandridge, Tennessee. In addition to his parents and wife, Charles is preceded in death by his sisters Donna Jean Higginbotham and Cloda Dray; his brothers, Raymond, Billy and Ronnie Adkins; his step-grandson, Shawn Gregory and his son-in-law, Rod Gregory.
    [Show full text]
  • Elections Director Ohio Democratic Party Columbus, Ohio About Ohio
    Elections Director Ohio Democratic Party Columbus, Ohio About Ohio Over the next two years the Ohio Democratic Party (ODP) will build an organization to win highly consequential elections up and down the ballot. With new leadership comes a new vision for our Party, refocusing on the core fundamentals that move the needle. ODP is building back better as a focused, modern, and nimble force to elect Democrats statewide now and in the future. Ohio is a top tier U.S. Senate pick up opportunity for national Democrats because of retiring Republican incumbents. The battle to save the Senate majority will be fought in Ohio. 2022 offers the chance to take control of the Ohio Supreme Court, make gains under new legislative maps, and win control of state government constitutional including Governor/Lt. Governor, Attorney General, Secretary of State, Treasurer, and Auditor. These opportunities give Democrats in Ohio early and strategic gains in rebuilding the Ohio Democratic Party. About the Opportunity The Ohio Democratic Party is seeking a talented, passionate professional to build an elections operation that will reimagine how we connect with, train, support, and activate volunteers and candidates in Ohio. In partnership with the Chair and the Executive team, the Elections Director will lead a highly integrated team of field, training, data, and digital staff responsible for building a volunteer organization that can be maintained cycle to cycle. They will set strategic goals for 2021, 2022, and manage the engagement of multiple in-state entities (County parties, progressive groups, caucuses) candidate campaigns across the ballot, and a variety of local, statewide, and national stakeholders.
    [Show full text]
  • Seventy-Third Day
    SEVENTY-THIRD DAY AFTERNOON S~SSION. committee needs further amendment than that submitted by the committee on Arrangement and Phraseology. I WEDNESDAY, May 22, 1912. merely call the attention of the committee to it because The Convention met pursuant to adj ournment, was the last sentence in the amended Proposal No. 72, being called to order by the president and opened with prayer that part of Proposal No. 174 that has been drawn by the member from Knox, the Rev. 1\/[r. McClelland. from Proposal No. 72, "laws may be pa~sed regulating The journal of Thursday, May 9, was read and the sale and conveyance of other personal property," is approved. in effect an article wholly devoted to corporations, and Mr. TAGGART: Mr. President: Just a brief word if the ordinary rule of construction of a constitutional of explanation. In order to expedite business, it is or statutory provision should prevail that would be the desire of the committee on Schedule that a certain construed in pari materia-if the member from High­ proposal be introduced in order that it may be engrossed land [1\/[r. BROWN] will excUse the latin expression-and and printed and be referred back to the committee. it would probably be held that this provision only applies While it is not in form, we desire to have it printed to to the sale and conveyance of personal property belong­ get the matter in shape. ing to corporations. If that sentence is amended that By unanimous consent the following proposal was laws may be passed regulating the sale and conveyance introduced and read the first time: of other personal property, whether owned by a corpora­ Proposal No.
    [Show full text]
  • A. Lee Hannah
    A. Lee Hannah Contact Wright State University Email: [email protected] Information School of Public and International Affairs Office: (937) 775-2904 317 Millett Hall Fax: (937) 775-2820 3640 Colonel Glenn Hwy Web: www.aleehannah.com Dayton, OH 45434 Academic Wright State University, Dayton, OH Appointments Associate Professor of Political Science, 2019-present Assistant Professor of Political Science, 2015-2019 Education The Pennsylvania State University, University Park, PA Ph.D. Political Science, 2015 M.A. Political Science, 2011 Virginia Tech, Blacksburg, VA M.Ed. Curriculum and Instruction, 2004 B.A. History, 2003 Book Hannah, A. Lee and Daniel J. Mallinson. Green Rush: The Rise of Legal Marijuana in the American States. Under contract with New York University Press. Refereed [9] Mallinson, Daniel J., A Lee Hannah, and Gideon Cunningham1. (2021). “The Conse- Journal quences of Fickle Federal Policy: Administrative Hurdles for State Cannabis Policies.” Accepted Articles for publication at State and Local Government Review. DOI:https://doi.org/10.1177/0160323X20984540 [8] Mallinson, Daniel J. and A. Lee Hannah. (2020). “Policy and Political Learning: The De- velopment of Medical Marijuana Policies in the States.” Publius: The Journal of Federalism, 50(3): 344-369. DOI:10.1093/publius/pjaa006/5819235 [7] Hannah, A. Lee and Danielle C. Rhubart. (2020).“Teacher Perceptions of State Standards and Climate Change Pedagogy: Opportunities and Barriers for Implementing Consensus-informed Instruction on Climate Change.” Climatic Change, 158: 377-392. DOI: 10.1007/s10584-019-02490-8 [6] Hannah, A. Lee. (2019). “Developing a Mixed-Methods Research Agenda on Medical Mar- ijuana Policy.” SAGE Research Methods.
    [Show full text]
  • Diagnosis Nabj: a Preliminary Study of a Post-Civil Rights Organization
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Illinois Digital Environment for Access to Learning and Scholarship Repository DIAGNOSIS NABJ: A PRELIMINARY STUDY OF A POST-CIVIL RIGHTS ORGANIZATION BY LETRELL DESHAN CRITTENDEN DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications in the Graduate College of the University of Illinois at Urbana-Champaign, 2014 Urbana, Illinois Doctoral Committee: Professor John Nerone, Chair Associate Professor Christopher Benson Associate Professor William Berry Associate Professor Clarence Lang, University of Kansas ABSTRACT This critical study interrogates the history of the National Association of Black Journalists, the nation’s oldest and largest advocacy organization for reporters of color. Founded in 1975, NABJ represents the quintessential post-Civil Rights organization, in that it was established following the end of the struggle for freedom rights. This piece argues that NABJ, like many other advocacy organizations, has succumbed to incorporation. Once a fierce critic of institutional racism inside and outside the newsroom, NABJ has slowly narrowed its advocacy focus to the issue of newsroom diversity. In doing so, NABJ, this piece argues, has rendered itself useless to the larger black public sphere, serving only the needs of middle-class African Americans seeking jobs within the mainstream press. Moreover, as the organization has aged, NABJ has taken an increasing amount of money from the very news organizations it seeks to critique. Additionally, this study introduces a specific method of inquiry known as diagnostic journalism. Inspired in part by the television show, House MD, diagnostic journalism emphasizes historiography, participant observation and autoethnography in lieu of interviewing.
    [Show full text]
  • Information to Users
    INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly fi'om the original or copy submitted- Thus, some thesis and dissertation copies are in typewriter face, while others may be from aity type of conçuter printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to r i^ t in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6" x 9" black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI University Microfilms International A Bell & Howell Information Company 300 North Zeeb Road. Ann Arbor. Ml 48106-1346 USA 313/761-4700 800/521-0600 Order Number 9427761 Lest the rebels come to power: The life of W illiam Dennison, 1815—1882, early Ohio Republican Mulligan, Thomas Cecil, Ph.D.
    [Show full text]
  • Dates to Remember
    March 29, 2021 Allen County Commissioner Cory Noonan gives testimony in support of substitute House Bill 74 DATES TO REMEMBER APRIL 2, 2021 ELECTRONIC FILING OF BALLOT ISSUES AND QUESTIONS WEBINAR APRIL 9, 2021 CEBCO ANNUAL MEMBERSHIP MEETING APRIL 9, 2021 COUNTY COMMISSIONER AND COUNCIL MEMBER PROCUREMENT TRAINING APRIL 14, 2021 2ND WEDNESDAY WEBINAR APRIL 15, 2021 GENERAL GOVERNMENT AND OPERATIONS COMMITTEE MEETING APRIL 29 - 30, 2021 CEBCO RETREAT 1 ASSOCIATION NEWS Commissioner Noonan provides testimony in support of substitute House Bill 74 Allen County Commissioner Cory Noonan last week testified before the Ohio Senate Transportation Committee in support of substitute House Bill 74, particularly the language that increases force account limits. Under the bill, the limits would increase to $150,000 per mile for road work and $300,000 per mile for bridges. “For many years, state law has recognized that certain projects can be done more efficiently and effectively without resorting to competitive bidding. In order to accomplish this policy goal, projects with estimated costs below certain thresholds are exempt from competitive bidding,” Noonan said in his testimony. “For counties, these thresholds, or force account limits, are $30,000 per mile for road work and $100,000 per mile for bridges. Unfortunately, these limits were established in 2003 and have not been adjusted since, despite significant increases in construction inflation.” CCAO President Tim Bubb also wrote a letter to Senate President Matt Huffman expressing support for increasing the force account limits. “CCAO members believe that the quality of our infrastructure has a tremendous impact on the economic development potential of our state.
    [Show full text]
  • SENSITIVE Is, MUR NO
    FEDERAL ELECTION COMMISSION . ^ 2D!2 j;;in-B ni 1.2 OFFICE v;^ 'z:.zzzz IN THE MATTER OF: C I- ?i i::. COLUMBUS METROPOLITAN CLUB; OHIO REPUBLICAN PARTY; OHIO DEMOCRATIC PARTV. SENSITIVE is, MUR NO. ^ (0 • •' rr! CJ 2i:~rnr-. Q I. As explained more fully below, the Columbus Metropolitan Club (CMC), ^ May 2$ ^ 2012 violated the Federal Election Campaign Act (FEGA), 2 U.S.C. § 441 b(a), by p(«Viding the: Ohio Republican Party'and Ohio Democratic Party, and their presuniptive, presidential candidates, Mitt Romney and Barack Obama, respectively, corporate campaign contributions. The Ohio Republican Party and Ohio Democratic Party are also in violation of the FECA because they participated in arranging, and accepting, these unlavi/ful corporate campaign contributions. See 2 U.S.C. § 441b(a)> 2. As explained more fully below, CMC violated the FECA and its implementing regulations by inviting, authorizing and allowing both the Ohio Republican Party and the Ohio Republican Party, through their chairs, Robert t. Bennett and Chris Redfern, respectively, to make campaign-related speeches to an unrestricted audience that included the generai public. See FEC Advisory Opinion 1996-11. CMC accomplished this illegal end by staging a "forum," which closely resembled a debate, between Bennett and Redfern on May 23, 20:1 !2, which was advertised by CMC as "Presidential Politics in O-H-l-O," and which the general public was invited and allowed to attend. Further, CMC filmed (Le., electronically capturing through video and audio recording) the forum in its entirety with plans to post this filming (as described above) on its unrestricted web page, which is open to and.
    [Show full text]
  • Repudiation! the Crisis of United States Civil War Debt, 1865-1870
    Graduate Institute of International and Development Studies, Geneva Pierre du Bois Foundation GOVERNMENT DEBT CRISES: POLITICS, ECONOMICS, AND HISTORY December 14-15, 2012 Repudiation! The Crisis of United States Civil War Debt, 1865-1870 Dr. Franklin Noll President Noll Historical Consulting, LLC Electronic copy available at: http://ssrn.com/abstract=2196409 Repudiation! The Crisis of United States Civil War Debt, 1865-1870 Dr. Franklin Noll President Noll Historical Consulting, LLC 220 Lastner Lane Greenbelt, MD 20770 USA Email: [email protected] Website: www.franklinnoll.com The author would like to thank Bruce Baker, Jane Flaherty, and Julia Ott for their comments. Abstract: From 1865 to 1870, a crisis atmosphere hovered around the issue of the massive public debt created during the recently concluded Civil War, leading, in part, to the passage of a Constitutional Amendment ensuring the “validity of the public debt.” However, the Civil War debt crisis was not a financial one, but a political one. The Republican and Democratic Parties took concerns over the public debt and magnified them into panics so that they could serve political ends—there was never any real danger that the United States would default on its debt for financial reasons. There were, in fact, three interrelated crises generated during the period: a repudiation crisis (grounded upon fears of the cancellation of the war debt), a repayment crisis (arising from calls to repay the debt in depreciated currency), and a refunding crisis (stemming from a concern of a run on the Treasury). The end of the Civil War debt crisis came only when there was no more political advantage to be gained from exploiting the issue of the public debt.
    [Show full text]
  • “Legislature” and the Elections Clause
    Copyright 2015 by Michael T. Morley Vol. 109 Northwestern University Law Review THE INTRATEXTUAL INDEPENDENT “LEGISLATURE” AND THE ELECTIONS CLAUSE Michael T. Morley* INTRODUCTION The Elections Clause of the U.S. Constitution is the Swiss army knife of federal election law. Ensconced in Article I, it provides, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”1 Its Article II analogue, the Presidential Electors Clause, similarly specifies that “[e]ach State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” to select the President.2 The concise language of these clauses performs a surprisingly wide range of functions implicating numerous doctrines and fields beyond voting rights, including statutory interpretation,3 state separation of powers and other issues of state constitutional law,4 federal court deference to state-court rulings,5 administrative discretion,6 and preemption.7 * Assistant Professor, Barry University School of Law. Climenko Fellow and Lecturer on Law, Harvard Law School, 2012–14; J.D., Yale Law School, 2003; A.B., Princeton University, 2000. Special thanks to Dr. Ryan Greenwood of the University of Minnesota Law Library, as well as Louis Rosen of the Barry Law School library, for their invaluable assistance in locating historical sources. I also am grateful to Terri Day, Dean Leticia Diaz, Frederick B. Jonassen, Derek Muller, Eang Ngov, Richard Re, Seth Tillman, and Franita Tolson for their comments and suggestions. I was invited to present some of the arguments from this Article in an amicus brief on behalf of the Coolidge-Reagan Foundation in Arizona State Legislature v.
    [Show full text]
  • The Crisis of United States Civil War Debt, 1865-1870
    Munich Personal RePEc Archive Repudiation: The Crisis of United States Civil War Debt, 1865-1870 Noll, Franklin December 2012 Online at https://mpra.ub.uni-muenchen.de/43540/ MPRA Paper No. 43540, posted 03 Jan 2013 04:20 UTC Graduate Institute of International and Development Studies, Geneva Pierre du Bois Foundation GOVERNMENT DEBT CRISES: POLITICS, ECONOMICS, AND HISTORY December 14-15, 2012 Repudiation! The Crisis of United States Civil War Debt, 1865-1870 Dr. Franklin Noll President Noll Historical Consulting, LLC Repudiation! The Crisis of United States Civil War Debt, 1865-1870 Dr. Franklin Noll President Noll Historical Consulting, LLC 220 Lastner Lane Greenbelt, MD 20770 USA Email: [email protected] Website: www.franklinnoll.com The author would like to thank Bruce Baker, Jane Flaherty, and Julia Ott for their comments. Abstract: From 1865 to 1870, a crisis atmosphere hovered around the issue of the massive public debt created during the recently concluded Civil War, leading, in part, to the passage of a Constitutional Amendment ensuring the “validity of the public debt.” However, the Civil War debt crisis was not a financial one, but a political one. The Republican and Democratic Parties took concerns over the public debt and magnified them into panics so that they could serve political ends—there was never any real danger that the United States would default on its debt for financial reasons. There were, in fact, three interrelated crises generated during the period: a repudiation crisis (grounded upon fears of the cancellation of the war debt), a repayment crisis (arising from calls to repay the debt in depreciated currency), and a refunding crisis (stemming from a concern of a run on the Treasury).
    [Show full text]